BOOK TWO

CRIMES AND PENALTIES

Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Chapter One
CRIMES AGAINST NATIONAL SECURITY

Section One. — Treason and espionage

Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the Government of the
Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving
them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal
to death and shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same
overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in
paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed
P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).

Art. 115. Conspiracy and proposal to commit treason; Penalty. — The conspiracy or proposal to commit
the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000
pesos, and prision correccional and a fine not exceeding P5,000 pesos.

Art. 116. Misprision of treason. — Every person owing allegiance to (the United States) the Government
of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against
them, conceals or does not disclose and make known the same, as soon as possible to the governor or
fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be
punished as an accessory to the crime of treason.

Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any person who:

1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to
obtain any information, plans, photographs, or other data of a confidential nature relative to the
defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a public officer or employee.
Section Two. — Provoking war and disloyalty in case of war

Art. 118. Inciting to war or giving motives for reprisals. — The penalty of reclusion temporal shall be
imposed upon any public officer or employee, and that of prision mayor upon any private individual,
who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve
the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.
Art. 119. Violation of neutrality. — The penalty of prision correccional shall be inflicted upon anyone
who, on the occasion of a war in which the Government is not involved, violates any regulation issued by
competent authority for the purpose of enforcing neutrality.

Art. 120. Correspondence with hostile country. — Any person who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy.
If the offender intended to aid the enemy by giving such notice or information, he shall suffer the
penalty of reclusion temporal to death.

Art. 121. Flight to enemy country. — The penalty of arresto mayor shall be inflicted upon any person
who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited
by competent authority.

Section Three. — Piracy and mutiny on the high seas

Art. 122. Piracy in general and mutiny on the high seas. — The penalty of reclusion temporal shall be
inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of
its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment,
or personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas.

Art. 123. Qualified piracy. — The penalty of reclusion temporal to death shall be imposed upon those
who commit any of the crimes referred to in the preceding article, under any of the following
circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION
OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES
AGAINST RELIGIOUS WORSHIP

Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention. — Any public officer or employee who, without legal grounds, detains a
person, shall suffer;
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if
the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has
continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more
than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be considered legal grounds for the detention of any
person.
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties
provided in the next preceding article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties,
or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or
their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital
penalties, or their equivalent.chan robles virtual law library

In every case, the person detained shall be informed of the cause of his detention and shall be allowed
upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by
E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).

Art. 126. Delaying release. — The penalties provided for in Article 124 shall be imposed upon any public
officer or employee who delays for the period of time specified therein the performance of any judicial
or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the
notice of such order to said prisoner or the proceedings upon any petition for the liberation of such
person.

Art. 127. Expulsion. — The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the Philippine
Islands or shall compel such person to change his residence.

Section Two. — Violation of domicile

Art. 128. Violation of domicile. — The penalty of prision correccional in its minimum period shall be
imposed upon any public officer or employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers or other effects found therein without
the previous consent of such owner, or having surreptitiously entered said dwelling, and being required
to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a
crime be not returned immediately after the search made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. — In
addition to the liability attaching to the offender for the commission of any other offense, the penalty of
arresto mayor in its maximum period to prision correccional in its minimum period and a fine not
exceeding P1,000 pesos shall be imposed upon any public officer or employee who shall procure a
search warrant without just cause, or, having legally procured the same, shall exceed his authority or
use unnecessary severity in executing the same.

Art. 130. Searching domicile without witnesses. — The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter,
any member of his family, or in their default, without the presence of two witnesses residing in the
same locality.

Section Three. — Prohibition, interruption

and dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. — The penalty of prision
correccional in its minimum period shall be imposed upon any public officer or employee who, without
legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon a public officer or employee who shall hinder any person from
joining any lawful association or from attending any of its meetings.
The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with others, any petition to the authorities for the
correction of abuses or redress of grievances.

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship. — The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or
manifestations of any religion.
If the crime shall have been committed with violence or threats, the penalty shall be prision correccional
in its medium and maximum periods.

Art. 133. Offending the religious feelings. — The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious ceremony shall perform acts notoriously
offensive to the feelings of the faithful.

Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One
REBELLION, SEDITION AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or insurrection is
committed by rising publicly and taking arms against the Government for the purpose of removing from
the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof,
of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly
or partially, of any of their powers or prerogatives. (As amended by R.A. 6968).
Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a swift attack accompanied by
violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the
Republic of the Philippines, or any military camp or installation, communications network, public utilities
or other facilities needed for the exercise and continued possession of power, singly or simultaneously
carried out anywhere in the Philippines by any person or persons, belonging to the military or police or
holding any public office of employment with or without civilian support or participation for the purpose
of seizing or diminishing state power. (As amended by R.A. 6968).

Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who promotes, maintains, or
heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.
Any person merely participating or executing the commands of others in a rebellion shall suffer the
penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall
suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others
in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets
or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any
person who in fact directed the others, spoke for them, signed receipts and other documents issued in
their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a
rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990).

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection. — The conspiracy
and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine
which shall not exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by
prision correccional in its maximum period and a fine which shall not exceed five thousand pesos
(P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand
pesos (P2,000.00). (As amended by R.A. 6968, approved October 24, 1990).

Art. 137. Disloyalty of public officers or employees. — The penalty of prision correccional in its minimum
period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the
means in their power, or shall continue to discharge the duties of their offices under the control of the
rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187).

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its minimum period shall
be imposed upon any person who, without taking arms or being in open hostility against the
Government, shall incite others to the execution of any of the acts specified in article 134 of this Code,
by means of speeches, proclamations, writings, emblems, banners or other representations tending to
the same end. (Reinstated by E.O. No. 187).

Art. 139. Sedition; How committed. — The crime of sedition is committed by persons who rise publicly
and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods,
any of the following objects:
1. To prevent the promulgation or execution of any law or the holding of any popular election;
2. To prevent the National Government, or any provincial or municipal government or any public officer
thereof from freely exercising its or his functions, or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National
Government (or the Government of the United States), of all its property or any part thereof.

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of prision mayor in its
minimum period and a fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision correccional in its maximum period
and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime of sedition shall be
punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. (Reinstated
by E.O. No. 187).

Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum period and a fine not
exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the
crime of sedition, should incite others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end, or upon any person or persons who shall utter seditious words
or speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or
the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities
thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or
which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or
incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful
authorities or to disturb the peace of the community, the safety and order of the Government, or who
shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187).

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION

Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. — The penalty of
prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any
person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the
Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board. (Reinstated by E.O. No.
187).
Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from 200 to 1,000 pesos
shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the
Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of
any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect
due it. (Reinstated by E.O. No. 187).

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall be imposed upon
any person who shall use force, intimidation, threats, or fraud to prevent any member of the National
Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of
any of its committees or subcommittees, constitutional commissions or committees or divisions thereof,
from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed
upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special
session, arrest or search any member thereof, except in case such member has committed a crime
punishable under this Code by a penalty higher than prision mayor.

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum period to prision
mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by
armed persons for the purpose of committing any of the crimes punishable under this Code, or of any
meeting in which the audience is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such
meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall
be prision correccional.chan robles virtual law library
If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and
he shall be considered a leader or organizer of the meeting within the purview of the preceding
paragraph.

As used in this article, the word "meeting" shall be understood to include a gathering or group, whether
in a fixed place or moving. (Reinstated by E.O. No. 187).
Art. 147. Illegal associations. — The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of
associations totally or partially organized for the purpose of committing any of the crimes punishable
under this Code or for some purpose contrary to public morals. Mere members of said associations shall
suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187).

Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. — Any person or persons who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of
his agents, while engaged in the performance of official duties, or on occasion of such performance,
shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not
exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is a public
officer or employee, or when the offender lays hands upon a person in authority. If none of these
circumstances be present, the penalty of prision correccional in its minimum period and a fine not
exceeding P500 pesos shall be imposed.
Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or
intimidation upon any person coming to the aid of the authorities or their agents on occasion of the
commission of any of the crimes defined in the next preceding article.

Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees,
by the Constitutional Commissions, its committees, subcommittees or divisions. — The penalty of
arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and
imprisonment shall be imposed upon any person who, having been duly summoned to attend as a
witness before the National Assembly, (Congress), its special or standing committees and
subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or
before any commission or committee chairman or member authorized to summon witnesses, refuses,
without legal excuse, to obey such summons, or being present before any such legislative or
constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal
inquiry or to produce any books, papers, documents, or records in his possession, when required by
them to do so in the exercise of their functions. The same penalty shall be imposed upon any person
who shall restrain another from attending as a witness, or who shall induce disobedience to a summon
or refusal to be sworn by any such body or official.

Art. 151. Resistance and disobedience to a person in authority or the agents of such person. — The
penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not
being included in the provisions of the preceding articles shall resist or seriously disobey any person in
authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of
arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.

Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In
applying the provisions of the preceding and other articles of this Code, any person directly vested with
jurisdiction, whether as an individual or as a member of some court or governmental corporation,
board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman
shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is

charged with the maintenance of public order and the protection and security of life and property, such
as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of
persons in authority, shall be deemed an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged
with the supervision of public or duly recognized private schools, colleges and universities, and lawyers
in the actual performance of their professional duties or on the occasion of such performance, shall be
deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873,
June 12, 1985).

Chapter Five
PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable
to cause disturbance. — The penalty of arresto mayor in its medium period to prision correccional in its
minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall
cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb
public performances, functions or gatherings, or peaceful meetings, if the act is not included in the
provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed upon persons causing any disturbance or
interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons
who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or
public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display
placards or emblems which provoke a disturbance of the public order.
The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons
who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the
body of a person who has been legally executed.

Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty of arresto mayor
and a fine ranging from P200 to P1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication shall publish or
cause to be published as news any false news which may endanger the public order, or cause damage to
the interest or credit of the State;
2. Any person who by the same means, or by words, utterances or speeches shall encourage
disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by
law;

3. Any person who shall maliciously publish or cause to be published any official resolution or document
without proper authority, or before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are
classified as anonymous.

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall
be imposed upon:
1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or
other explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal
amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
places, provided that the circumstances of the case shall not make the provisions of Article 153
applicable.

Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its maximum period of
prision correccional in its minimum period shall be imposed upon any person who shall remove from
any jail or penal establishment any person confined therein or shall help the escape of such person, by
means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall
be imposed.
If the escape of the prisoner shall take place outside of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their minimum period.

Chapter Six
EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any convict who shall evade service of his sentence by
escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or
escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls,
roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance
with other convicts or employees of the penal institution, the penalty shall be prision correccional in its
maximum period.
Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or
other calamities. — A convict who shall evade the service of his sentence, by leaving the penal
institution where he shall have been confined, on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not
participated, shall suffer an increase of one-fifth of the time still remaining to be served under the
original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the
authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up
to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction
provided in Article 98.

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision correccional in its
minimum period shall be imposed upon the convict who, having been granted conditional pardon by the
Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by
the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion
of his original sentence.

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE

Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty.
— Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall
be punished by the maximum period of the penalty prescribed by law for the new felony.chan robles
virtual law library
Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the
age of seventy years if he shall have already served out his original sentence, or when he shall complete
it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be
worthy of such clemency.

Title Four

CRIMES AGAINST PUBLIC INTEREST

Chapter One
FORGERIES

Section One. — Forging the seal of the Government of the

Philippine Islands, the signature or stamp of the Chief Executive.
Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature
or stamp of the Chief Executive. — The penalty of reclusion temporal shall be imposed upon any person
who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of
the Chief Executive.

Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty of prision mayor shall be
imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or
stamp mentioned in the preceding article.

Section Two. — Counterfeiting Coins

Art. 163. Making and importing and uttering false coins. — Any person who makes, imports, or utters,
false coins, in connivance with counterfeiters, or importers, shall suffer:
1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the
counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten
centavo denomination or above.
2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if
the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the
Philippines below ten-centavo denomination.

3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited
coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965).
Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. — The penalty of prision
correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any
person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or
import or utter mutilated current coins, or in connivance with mutilators or importers.
Art. 165. Selling of false or mutilated coin, without connivance. — The person who knowingly, although
without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with
intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than
that prescribed in said articles.

Section Three. — Forging treasury or bank notes, obligations and securities; importing and uttering false
or forged notes,
obligations and securities.

Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering
such false or forged notes and documents. — The forging or falsification of treasury or bank notes or
certificates or other obligations and securities payable to bearer and the importation and uttering in
connivance with forgers or importers of such false or forged obligations or notes, shall be punished as
follows:
1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document
which has been falsified, counterfeited, or altered, is an obligations or security of the United States or of
the Philippines Islands.
The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean
all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills,
checks, or drafts for money, drawn by or upon authorized officers of the United States or of the
Philippine Islands, and other representatives of value, of whatever denomination, which have been or
may be issued under any act of the Congress of the United States or of the Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or
altered document is a circulating note issued by any banking association duly authorized by law to issue
the same.

3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or
counterfeited document was issued by a foreign government.

4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or
altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. — Any person who
shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to
order or other document of credit not payable to bearer, shall suffer the penalties of prision
correccional in its medium and maximum periods and a fine not exceeding P6,000 pesos.
Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. —
Unless the act be one of those coming under the provisions of any of the preceding articles, any person
who shall knowingly use or have in his possession, with intent to use any of the false or falsified
instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed
in said articles.

Art. 169. How forgery is committed. — The forgery referred to in this section may be committed by any
of the following means:

1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein,
the appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
contained therein.

Section Four. — Falsification of legislative, public, commercial, and privatedocuments, and wireless,
telegraph, and telephone message.

Art. 170. Falsification of legislative documents. — The penalty of prision correccional in its maximum
period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper
authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by
either House of the Legislature or any provincial board or municipal council.
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. — The penalty of
prision mayor and a fine not to exceed P5,000 pesos shall be imposed upon any public officer,
employee, or notary who, taking advantage of his official position, shall falsify a document by
committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact
so participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its meaning;

7. Issuing in an authenticated form a document purporting to be a copy of an original document when

no such original exists, or including in such a copy a statement contrary to, or different from, that of the
genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official
book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the
offenses enumerated in the preceding paragraphs of this article, with respect to any record or document
of such character that its falsification may affect the civil status of persons.
Art. 172. Falsification by private individual and use of falsified documents. — The penalty of prision
correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be
imposed upon:

1. Any private individual who shall commit any of the falsifications enumerated in the next preceding
article in any public or official document or letter of exchange or any other kind of commercial
document; and
2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any
private document commit any of the acts of falsification enumerated in the next preceding article.

Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of
another or who, with the intent to cause such damage, shall use any of the false documents embraced
in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by
the penalty next lower in degree.
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified
messages. — The penalty of prision correccional in its medium and maximum periods shall be imposed
upon officer or employee of the Government or of any private corporation or concern engaged in the
service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless,
telegraph or telephone message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of
cause such prejudice, shall suffer the penalty next lower in degree.

Section Five. — Falsification of medical certificates,

certificates of merit or services and the like.

Art. 174. False medical certificates, false certificates of merits or service, etc. — The penalties of arresto
mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed
P1,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false
certificate; and
2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar
circumstances.
The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate
falling within the classes mentioned in the two preceding subdivisions.
Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed upon any one who
shall knowingly use any of the false certificates mentioned in the next preceding article.

Section Six. — Manufacturing, importing and possession of instruments or implements intended for the
commission of falsification.

Art. 176. Manufacturing and possession of instruments or implements for falsification. — The penalty of
prision correccional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be
imposed upon any person who shall make or introduce into the Philippine Islands any stamps, dies,
marks, or other instruments or implements intended to be used in the commission of the offenses of
counterfeiting or falsification mentioned in the preceding sections of this Chapter.chan robles virtual law
library
Any person who, with the intention of using them, shall have in his possession any of the instruments or
implements mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than
that provided therein.

Chapter Two
OTHER FALSIFICATIONS

Sec. One. — Usurpation of authority, rank, title, and improper use of names, uniforms and insignia.

Art. 177. Usurpation of authority or official functions. — Any person who shall knowingly and falsely
represent himself to be an officer, agent or representative of any department or agency of the Philippine
Government or of any foreign government, or who, under pretense of official position, shall perform any
act pertaining to any person in authority or public officer of the Philippine Government or any foreign
government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of
prision correccional in its minimum and medium periods.
Art. 178. Using fictitious name and concealing true name. — The penalty of arresto mayor and a fine not
to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the
purpose of concealing a crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances shall be punished by arresto
menor or a fine not to exceed 200 pesos.

Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor shall be imposed upon any
person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office
not held by such person or to a class of persons of which he is not a member.
Section Two. — False testimony

Art. 180. False testimony against a defendant. — Any person who shall give false testimony against the
defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;
2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or
reclusion perpetua;

3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive
penalty; and

4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or
a fine, or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to
exceed 1,000 pesos.
Art. 181. False testimony favorable to the defendants. — Any person who shall give false testimony in
favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum
period to prision correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution
is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case.

Art. 182. False testimony in civil cases. — Any person found guilty of false testimony in a civil case shall
suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if
the amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount
in controversy shall not exceed said amount or cannot be estimated.

Art. 183. False testimony in other cases and perjury in solemn affirmation. — The penalty of arresto
mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any
person, who knowingly makes untruthful statements and not being included in the provisions of the
next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a
competent person authorized to administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the
falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective
penalties provided therein.

Art. 184. Offering false testimony in evidence. — Any person who shall knowingly offer in evidence a
false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false
testimony and shall suffer the respective penalties provided in this section.
Chapter Three
FRAUDS

Section One. — Machinations, monopolies and combinations

Art. 185. Machinations in public auctions. — Any person who shall solicit any gift or promise as a
consideration for refraining from taking part in any public auction, and any person who shall attempt to
cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent
to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional
in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.
Art. 186. Monopolies and combinations in restraint of trade. — The penalty of prision correccional in its
minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by
artificial means free competition in the market;
2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine
with any other person or persons to monopolize and merchandise or object in order to alter the price
thereof by spreading false rumors or making use of any other article to restrain free competition in the
market;

3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of
commerce or an importer of any merchandise or object of commerce from any foreign country, either
as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any
person likewise engaged in the manufacture, production, processing, assembling or importation of such
merchandise or object of commerce or with any other persons not so similarly engaged for the purpose
of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of
the Philippines, of any such merchandise or object of commerce manufactured, produced, processed,
assembled in or imported into the Philippines, or of any article in the manufacture of which such
manufactured, produced, or imported merchandise or object of commerce is used.

If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other
articles of prime necessity, the penalty shall be that of prision mayor in its maximum and medium
periods it being sufficient for the imposition thereof that the initial steps have been taken toward
carrying out the purposes of the combination.
Any property possessed under any contract or by any combination mentioned in the preceding
paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the
president and each one of its agents or representatives in the Philippines in case of a foreign corporation
or association, who shall have knowingly permitted or failed to prevent the commission of such offense,
shall be held liable as principals thereof.

Section Two. — Frauds in commerce and industry

Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or
other precious metals or their alloys. — The penalty of prision correccional or a fine ranging from 200 to
1,000 pesos, or both, shall be imposed on any person who shall knowingly import or sell or dispose of
any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps,
brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys.
Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on
which it is engraved, printed, stamped, labeled or attached, when the rest of the article shows that the
quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than
four one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in
case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more
than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark.

Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. — The penalty of prision
correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or both, shall be imposed
upon:

1. Any person who shall substitute the trade name or trade-mark of some other manufacturer or dealer
or a colorable imitation thereof, for the trademark of the real manufacturer or dealer upon any article of
commerce and shall sell the same;
2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the
trade-name or trade- mark has been fraudulently used in such goods as described in the preceding
subdivision;

3. Any person who, in the sale or advertising of his services, shall use or substitute the service mark of
some other person, or a colorable imitation of such mark; or

4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service mark of a
person is to be used, prints, lithographs, or in any way reproduces such trade-name, trade-mark, or
service mark, or a colorable imitation thereof, for another person, to enable that other person to
fraudulently use such trade-name, trade-mark, or service mark on his own goods or in connection with
the sale or advertising of his services.

A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign or
device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for the
purpose of enabling the public to distinguish the business of the person who owns and uses said trade-
name or trade-mark.
A service mark as herein used is a mark used in the sale or advertising of services to identify the services
of one person and distinguish them from the services of others and includes without limitation the
marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio
or other advertising.

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark,
fraudulent designation of origin, and false description. — The penalty provided in the next proceeding
article shall be imposed upon:

1. Any person who, in unfair competition and for the purposes of deceiving or defrauding another of his
legitimate trade or the public in general, shall sell his goods giving them the general appearance of
goods of another manufacturer or dealer, either as to the goods themselves, or in the wrapping of the
packages in which they are contained or the device or words thereon or in any other features of their
appearance which would be likely to induce the public to believe that the goods offered are those of a
manufacturer or dealer other than the actual manufacturer or dealer or shall give other persons a
chance or opportunity to do the same with a like purpose.
2. Any person who shall affix, apply, annex or use in connection with any goods or services or any
container or containers for goods a false designation of origin or any false description or representation
and shall sell such goods or services.

3. Any person who by means of false or fraudulent representation or declarations orally or in writing or
by other fraudulent means shall procure from the patent office or from any other office which may
hereafter be established by law for the purposes the registration of a trade-name, trade-mark or service
mark or of himself as the owner of such trade-name, trade-mark or service mark or an entry respecting a
trade-name, trade-mark or service mark.

Title Five

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

[Art. 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. — The
penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine
ranging from 300 to 1,000 pesos shall be imposed upon:
1. Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise use any
prohibited drug.
"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine, Indian hemp, their
derivatives, and all preparations made from them or any of them, and such other drugs, whether natural
or synthetic, having physiological action as a narcotic drug.

"Opium" embraces every kind, class, and character of opium, whether crude or prepared; the ashes on
refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium,
preparation in which opium, morphine or any kind of opium, enter as an ingredient, and also opium
leaves or wrappings of opium leaves, whether prepared or not for their use.chan robles virtual law
library

"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang, guaza, churruz, and
ganjah embraces every kind, class and character of Indian hemp, whether dried or fresh, flowering or
fruiting tops of the pistillate plant cannabis satival, from which the resin has not been extracted,
including all other geographic varieties whether used as reefers, resin, extract, tincture or in any other
form whatsoever.

By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of
mind with delusions and may be habit-forming.

2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation
of the law.]

[Art. 191. Keeper, watchman and visitor of opium den. — The penalty of arresto mayor and a fine
ranging from 100 to 300 pesos shall be imposed upon:
1. Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited drug is used
in any manner contrary to law; and
2. Any person who, not being included in the provisions of the next preceding article, shall knowingly
visit any dive or resort of the character referred to above.]

[Art. 192. Importation and sale of prohibited drugs. — The penalty of prision correccional in its medium
and maximum periods and a fine ranging from 300 to 10,000 pesos shall be imposed upon any person
who shall import or bring into the Philippine Islands any prohibited drug.]
[The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to another
prohibited drug.]

[Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. —
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person
who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking,
injecting, administering or using opium or any prohibited drug.

[The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall
be prima facie evidence that its possessor has used said drug.]

[Art. 194. Prescribing opium unnecessary for a patient. — The penalty of prision correccional or a fine
ranging from 300 to 10,000 pesos, or both shall be imposed upon any physician or dentist who shall
prescribe opium for any person whose physical condition does not require the use of the same.]

Title Six
CRIMES AGAINST PUBLIC MORALS

Chapter One
GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor or a fine not
exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging
from two hundred or six thousand pesos, shall be imposed upon:
1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly,
or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or
percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly
upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of
value are made; or in the exploitation or use of any other mechanical invention or contrivance to
determine by chance the loser or winner of money or any object or representative of value.
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision
to be carried on in any unhabited or uninhabited place of any building, vessel or other means of
transportation owned or controlled by him. If the place where gambling is carried on has the reputation
of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be
punished by the penalty provided for in this article in its maximum period.

(b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer,
conductor, or banker in a game of jueteng or any similar game.
(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who
shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other
matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the
game of jueteng or any similar game which has taken place or about to take place.

Art. 196. Importation, sale and possession of lottery tickets or advertisements. — The penalty of arresto
mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to
2,000 pesos, or both, in the discretion of the court, shall be imposed upon any person who shall import
into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or, in
connivance with the importer, shall sell or distribute the same.

Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or
advertisements, or shall sell or distribute the same without connivance with the importer of the same,
shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the
court.

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell,
distribute or use the same in the Philippine Islands.
Art. 197. Betting in sports contests. — The penalty of arresto menor or a fine not exceeding 200 pesos,
or both, shall be imposed upon any person who shall bet money or any object or article of value or
representative of value upon the result of any boxing or other sports contests.

Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a fine not exceeding 200
pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be
on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be
imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or
other device or scheme for betting on horse races or realizing any profit therefrom.

For the purposes of this article, any race held in the same day at the same place shall be held punishable
as a separate offense, and if the same be committed by any partnership, corporation or association, the
president and the directors or managers thereof shall be deemed to be principals in the offense if they
have consented to or knowingly tolerated its commission.

Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both,
in the discretion of the court, shall be imposed upon:

1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable
things, or who organizes cockfights at which bets are made, on a day other than those permitted by law.
2. Any person who directly or indirectly participates in cockfights, at a place other than a licensed
cockpit.

(Click here for the full text of

PRESIDENTIAL DECREE NO. 1602
SIMPLIFYING AND PROVIDING STIFFER PENALTIES FOR
VIOLATIONS OF PHILIPPINE GAMBLING LAWS)

Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal. — The penalties of arresto mayor and public censure shall be imposed upon any
person who shall offend against decency or good customs by any highly scandalous conduct not
expressly falling within any other article of this Code.
Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. — The penalty of
prision mayor or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment
and fine, shall be imposed upon:

(1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
(2) (a) the authors of obscene literature, published with their knowledge in any form; the editors
publishing such literature; and the owners/operators of the establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays,
scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those
which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of
prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established
policies, lawful orders, decrees and edicts;

(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are
offensive to morals. (As amended by PD Nos. 960 and 969).

Art. 202. Vagrants and prostitutes; penalty. — The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical ability to work and who
neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or trampling or wandering
about the country or the streets without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who
habitually associate with prostitutes;

4. Any person who, not being included in the provisions of other articles of this Code, shall be found
loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable
purpose;

5. Prostitutes.

For the purposes of this article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium
period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both,
in the discretion of the court.

Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIMINARY PROVISIONS
Art. 203. Who are public officers. — For the purpose of applying the provisions of this and the preceding
titles of this book, any person who, by direct provision of the law, popular election or appointment by
competent authority, shall take part in the performance of public functions in the Government of the
Philippine Islands, of shall perform in said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

Section One. — Dereliction of duty

Art. 204. Knowingly rendering unjust judgment. — Any judge who shall knowingly render an unjust
judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual
absolute disqualification.
Art. 205. Judgment rendered through negligence. — Any judge who, by reason of inexcusable negligence
or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be
punished by arresto mayor and temporary special disqualification.

Art. 206. Unjust interlocutory order. — Any judge who shall knowingly render an unjust interlocutory
order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he
shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree
be manifestly unjust, the penalty shall be suspension.

Art. 207. Malicious delay in the administration of justice. — The penalty of prision correccional in its
minimum period shall be imposed upon any judge guilty of malicious delay in the administration of
justice.

Art. 208. Prosecution of offenses; negligence and tolerance. — The penalty of prision correccional in its
minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in
dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the
punishment of violators of the law, or shall tolerate the commission of offenses.

Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets. — In addition to the
proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor ( procurador
judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional
capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor

(procurador judicial) who, having undertaken the defense of a client or having received confidential
information from said client in a case, shall undertake the defense of the opposing party in the same
case, without the consent of his first client.

Section Two. — Bribery

Art. 210. Direct bribery. — Any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of this official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another, shall suffer the penalty
of prision mayor in its medium and maximum periods and a fine [of not less than the value of the gift
and] not less than three times the value of the gift in addition to the penalty corresponding to the crime
agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the
preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the
penalties of prision correccional, in its medium period and a fine of not less than twice the value of such
gift.

If the object for which the gift was received or promised was to make the public officer refrain from
doing something which it was his official duty to do, he shall suffer the penalties of prision correccional
in its maximum period and a fine [of not less than the value of the gift and] not less than three times the
value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of
special temporary disqualification.chan robles virtual law library

The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators,
appraisal and claim commissioners, experts or any other persons performing public duties. (As amended
by Batas Pambansa Blg. 872, June 10, 1985).

Art. 211. Indirect bribery. — The penalties of prision correccional in its medium and maximum periods,
and public censure shall be imposed upon any public officer who shall accept gifts offered to him by
reason of his office. (As amended by Batas Pambansa Blg. 872, June 10, 1985).

Art. 212. Corruption of public officials. — The same penalties imposed upon the officer corrupted,
except those of disqualification and suspension, shall be imposed upon any person who shall have made
the offers or promises or given the gifts or presents as described in the preceding articles.

Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and similar offenses. — The penalty of prision correccional in
its medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos,
or both, shall be imposed upon any public officer who:
1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter
into an agreement with any interested party or speculator or make use of any other scheme, to defraud
the Government;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of
the following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums different from or larger than those
authorized by law.
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially.

(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a
nature different from that provided by law.

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs,
the provisions of the Administrative Code shall be applied.
Art. 214. Other frauds. — In addition to the penalties prescribed in the provisions of Chapter Six, Title
Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum period to
perpetual special disqualification shall be imposed upon any public officer who, taking advantage of his
official position, shall commit any of the frauds or deceits enumerated in said provisions.

Art. 215. Prohibited transactions. — The penalty of prision correccional in its maximum period or a fine
ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who,
during his incumbency, shall directly or indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction.

Art. 216. Possession of prohibited interest by a public officer. — The penalty of arresto mayor in its
medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos,
or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in any
contract or business in which it is his official duty to intervene.

This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall
take part in any contract or transaction connected with the estate or property in appraisal, distribution
or adjudication of which they shall have acted, and to the guardians and executors with respect to the
property belonging to their wards or estate.
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of public funds or property; Presumption of malversation. — Any public officer
who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate
the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall
permit any other person to take such public funds, or property, wholly or partially, or shall otherwise be
guilty of the misappropriation or malversation of such funds or property, shall suffer:
1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed two hundred pesos.
2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more
than two hundred pesos but does not exceed six thousand pesos.

3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if
the amount involved is more than six thousand pesos but is less than twelve thousand pesos.

4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is
more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds
the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.

In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special
disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the
property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with which he is
chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put
such missing funds or property to personal use. (As amended by RA 1060).

Art. 218. Failure of accountable officer to render accounts. — Any public officer, whether in the service
or separated therefrom by resignation or any other cause, who is required by law or regulation to
render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of
two months after such accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.

Art. 219. Failure of a responsible public officer to render accounts before leaving the country. — Any
public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a
certificate from the Insular Auditor showing that his accounts have been finally settled, shall be
punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both.

Art. 220. Illegal use of public funds or property. — Any public officer who shall apply any public fund or
property under his administration to any public use other than for which such fund or property were
appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period
or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication,
any damages or embarrassment shall have resulted to the public service. In either case, the offender
shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to
50 per cent of the sum misapplied.

Art. 221. Failure to make delivery of public funds or property. — Any public officer under obligation to
make payment from Government funds in his possession, who shall fail to make such payment, shall be
punished by arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay.

This provision shall apply to any public officer who, being ordered by competent authority to deliver any
property in his custody or under his administration, shall refuse to make such delivery.

The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50
pesos.

Art. 222. Officers included in the preceding provisions. — The provisions of this chapter shall apply to
private individuals who in any capacity whatever, have charge of any insular, provincial or municipal
funds, revenues, or property and to any administrator or depository of funds or property attached,
seized or deposited by public authority, even if such property belongs to a private individual.

Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Section One. — Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion. — Any public officer who shall consent to the escape
of a prisoner in his custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special disqualification in
its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by
final judgment to any penalty.
2. By prision correccional in its minimum period and temporary special disqualification, in case the
fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or
violation of law or municipal ordinance.

Art. 224. Evasion through negligence. — If the evasion of the prisoner shall have taken place through the
negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer
shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum
period and temporary special disqualification.
Art. 225. Escape of prisoner under the custody of a person not a public officer. — Any private person to
whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who
shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next
lower in degree than that prescribed for the public officer.

Section Two. — Infidelity in the custody of document

Art. 226. Removal, concealment or destruction of documents. — Any public officer who shall remove,
destroy or conceal documents or papers officially entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall
have been caused thereby to a third party or to the public interest.
2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000
pesos, whenever the damage to a third party or to the public interest shall not have been serious.

In either case, the additional penalty of temporary special disqualification in its maximum period to
perpetual disqualification shall be imposed.
Art. 227. Officer breaking seal. — Any public officer charged with the custody of papers or property
sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the
penalties of prision correccional in its minimum and medium periods, temporary special disqualification
and a fine not exceeding 2,000 pesos.

Art. 228. Opening of closed documents. — Any public officer not included in the provisions of the next
preceding article who, without proper authority, shall open or shall permit to be opened any closed
papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto mayor,
temporary special disqualification and a fine of not exceeding 2,000 pesos.

Section Three. — Revelation of secrets

Art. 229. Revelation of secrets by an officer. — Any public officer who shall reveal any secret known to
him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he
may have charge and which should not be published, shall suffer the penalties of prision correccional in
its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000
pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage
to the public interest; otherwise, the penalties of prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 50 pesos shall be imposed.
Art. 230. Public officer revealing secrets of private individual. — Any public officer to whom the secrets
of any private individual shall become known by reason of his office who shall reveal such secrets, shall
suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos. chan robles virtual law
library

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. — Any judicial or executive officer who shall openly refuse to execute the
judgment, decision or order of any superior authority made within the scope of the jurisdiction of the
latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium
period to prision correccional in its minimum period, temporary special disqualification in its maximum
period and a fine not exceeding 1,000 pesos.
Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior officer.
— Any public officer who, having for any reason suspended the execution of the orders of his superiors,
shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties
of prision correccional in its minimum and medium periods and perpetual special disqualification.

Art. 233. Refusal of assistance. — The penalties of arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000
pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to
lend his cooperation towards the administration of justice or other public service, if such failure shall
result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its
medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.

Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine not exceeding
1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to
a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office.

Art. 235. Maltreatment of prisoners. — The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, in addition to his liability for the physical injuries or damage caused,
shall be imposed upon any public officer or employee who shall overdo himself in the correction or
handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not
authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the
prisoner, the offender shall be punished by prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical
injuries or damage caused.

Section Two. — Anticipation, prolongation

and abandonment of the duties and powers of public office.

Art. 236. Anticipation of duties of a public office. — Any person who shall assume the performance of
the duties and powers of any public officer or employment without first being sworn in or having given
the bond required by law, shall be suspended from such office or employment until he shall have
complied with the respective formalities and shall be fined from 200 to 500 pesos.
Art. 237. Prolonging performance of duties and powers. — Any public officer shall continue to exercise
the duties and powers of his office, employment or commission, beyond the period provided by law,
regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in
its minimum period, special temporary disqualification in its minimum period and a fine not exceeding
500 pesos.

Art. 238. Abandonment of office or position. — Any public officer who, before the acceptance of his
resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of
arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing,
prosecuting or punishing any of the crime falling within Title One, and Chapter One of Title Three of
Book Two of this Code, the offender shall be punished by prision correccional in its minimum and
medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.

Section Three. — Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. — The penalties of prision correccional in its minimum
period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon
any public officer who shall encroach upon the powers of the legislative branch of the Government,
either by making general rules or regulations beyond the scope of his authority, or by attempting to
repeal a law or suspending the execution thereof.
Art. 240. Usurpation of executive functions. — Any judge who shall assume any power pertaining to the
executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the
penalty of arresto mayor in its medium period to prision correccional in its minimum period.

Art. 241. Usurpation of judicial functions. — The penalty of arresto mayor in its medium period to
prision correccional in its minimum period and shall be imposed upon any officer of the executive
branch of the Government who shall assume judicial powers or shall obstruct the execution of any order
or decision rendered by any judge within its jurisdiction.

Art. 242. Disobeying request for disqualification. — Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from
so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

Art. 243. Orders or requests by executive officers to any judicial authority. — Any executive officer who
shall address any order or suggestion to any judicial authority with respect to any case or business
coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor
and a fine not exceeding 500 pesos.
Art. 244. Unlawful appointments. — Any public officer who shall knowingly nominate or appoint to any
public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor
and a fine not exceeding 1,000 pesos.

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity; Penalties. — The penalties of prision correccional in its medium and
maximum periods and temporary special disqualification shall be imposed:
1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman
interested in matters pending before such officer for decision, or with respect to which he is required to
submit a report to or consult with a superior officer;
2. Any warden or other public officer directly charged with the care and custody of prisoners or persons
under arrest who shall solicit or make immoral or indecent advances to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any
person in the custody of such warden or officer, the penalties shall be prision correccional in its
minimum and medium periods and temporary special disqualification.